Pankaj Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.103 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -BALIGAON District- VAISHALI(HAJIPUR) ======================================================

1. Pankaj Kumar, S/o Dinesh Singh

2. Shankar Kumar @ Shiv Shankar Kumar, S/o Dinesh Singh

3. Paltan Singh, S/o Sonelal Singh

4. Santosh Kumar, S/o Dinesh Singh

5. Shiv Kumar Singh, S/o Paltan Singh

6. Dinesh Singh, S/o Paltan Singh

7. Dauli Devi @ Dauli Kumari, D/o Paltan Singh

8. Anita Devi, w/o Paltan Singh All R/o Village- Alinagar Levdhan, P.S.- Baligaon, District-Vaishali .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party : Smt. Renuka Ratnakar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Baligaon P.S. Case No. 39 of 2016 instituted for the offence under Sections 447, 448, 341, 323, 354, 380, 504, 506/34 of Indian Penal Code. The prosecution story as per written report is that on the date of occurrence informant was sitting on the door. The accused persons (petitioners) arrived there and assaulted by fists, slaps and Danda due to previous enemity. Thereafter, wife of informant Pinki Devi and his father came to rescue there but they also assaulted them. It is alleged that Pankaj Kumar torn the

Patna High Court Cr.Misc. No.103 of 2017 (2) dt.10-01-2017 2/2 blouse of the informant's wife and also took away box in which contained golden, silver and other costly articles. It has been submitted on behalf of the petitioners that there is no any specific overt act against these petitioners. There is dispute between both the parties with regard to passage. Both the parties are having adjacent house.

Be that as it may, from allegation, it appears that there is general allegation against these petitioners. In the circumstances, prayer of the petitioners for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Baligaon P.S. Case No. 39 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T